The user fee enacted by this article is only a portion of, but not the total amount of, the existing cost of refuse collection and disposal service provided to each service user during the relevant billing period and is enacted to defray labor costs, garbage packer vehicle, landfill tipping fees, equipment, maintenance costs and all other expenses incurred by the Borough in handling the collection and disposal of such items, not to recoup entirely the total cost of providing such service to each service user.
A. 
Sayre Borough Council is hereby authorized to assess charges in accordance with the laws and procedures of the Borough for the establishment, maintenance and operation of a municipal solid waste collection and disposal system and/or for providing for such services for a fee to another municipality.
B. 
The Borough shall be primarily responsible for residential waste collection and disposal for residential customers receiving standard collection service subject to regulations for establishing and collecting relevant user fees as set forth herein below.
C. 
The Borough shall be responsible for collection of any fees for solid waste collection or disposal services provided to residential properties within the Borough.
A. 
Each service user shall pay to Sayre Borough, in timely response to billing by the Borough, a service fee for base service and an additional fee for additional service in excess of the base service as set forth and established from time to time by resolution of the Borough Council.
B. 
Service use periods and service billing periods shall be as set and determined from time to time by Sayre Borough Council, acting pursuant to adoption of a Council person motion duly enacted at a public meeting at which a quorum of the total Council is present and at which said motion is adopted by the Council members present and voting.
C. 
Sayre Borough shall charge for refuse collection and disposal services based on a equivalent dwelling unit or service unit of any service user whose refuse is collected and disposed of by Sayre Borough. If the refuse collection activity takes place one or more times during any quarterly billing period, the property owner shall be liable for payment of the entire quarterly user fee for that period. The Borough shall also provide a method of collection and payment for service for refuse disposal in excess of the base service.
A. 
Refuse collection for residential units shall be billed quarterly on the first day of each January, April, July and October, commencing January 1, 2001, and shall be due and payable immediately.
B. 
If the full amount of such bill shall not be paid within 30 days from the date of billing, 10% of the face amount of the bill shall be added thereto, which, together with the face amount of the bill, shall become the gross amount thereof. Said delinquent accounts shall also be subject to termination of refuse collection. Notwithstanding the above, interest charges at a monthly rate of 3/4% shall be imposed on all delinquent bills and charges or unpaid balances beginning 90 days after the date that the refuse collection charge was first assessed under Subsection A above, resulting in an annual interest charge of 10%.
C. 
Failure of any owner to receive quarterly bills for refuse collection charges due to the failure of such owner to notify the Borough of his or her correct address or failure of any owner to receive a correct bill for refuse collection charges by reason of the failure of such owner to notify the Borough of the use or uses of which an improved property or any portion thereof is made, pursuant to the notice requirements, shall not excuse nonpayment or failure to pay the amount which would be properly applicable to the use or uses of which said improved property is made and shall not result in an extension of the period of time during which the net bill shall be payable.
D. 
In the event the refuse charge or any portion thereof is delinquent, the Borough may immediately, upon one week's notice, terminate collection service to the resident. Said resident shall be responsible for properly disposing of his or her refuse with a private hauler and/or be subject to fines for Property Maintenance Code violations.[1] Garbage service will not be restored until all delinquent charges, together with interest and penalties, have been paid in full.
[1]
Editor's Note: See Ch. 134A, Property Maintenance.
A. 
The property owner subject to the provisions of this article may execute a waiver form available at the Borough Hall to exercise his or her option not to utilize the Borough refuse collection services.
B. 
A property owner who executes the waiver not to utilize the refuse collection services shall pay a service fee of $10 to reinstate the Borough refuse collection service. The service fee may be changed from time to time by resolution of the Borough Council.
A. 
Failure of the delinquent service user to pay current and delinquent user fees and any accrued interest charges shall enable and authorize Sayre Borough to collect such funds and enforce the provisions of this article, pursuant to the procedures set forth below in this article and otherwise available to Sayre Borough pursuant to Pennsylvania law and other Borough ordinances applicable to enforcement of state laws and Borough ordinances
B. 
Delinquent bills for refuse collection, together with all charges, expenses and fees added thereto, shall, in the manner provided by law, become a lien upon the property served and shall be collectible by the Borough by an action in assumpsit against the owner of such property or be enforced against such property by the filing of a municipal claim, including reasonable attorney fees as provided by state law and Borough ordinance.